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years. The record does not show whether petitioner and Burnett
signed the agreement or bought the property first. However, both
of those events occurred on May 17, 1993, after they agreed to
form the partnership.
Petitioners contend that petitioner and Burnett took title
to the Warfield Drive property in their individual names. A copy
of the deed is not in the record, and it is not clear how title
to the Warfield Drive property is recorded. The settlement
statement shows “Gary Burnett and Tom Sandoval dba TGR and
Partnership” as borrowers. However, even if we assume that title
to the Warfield Drive property is recorded in petitioner’s and
Burnett’s names, we believe that they were TGR II’s agents when
they bought the Warfield Drive property. The property agreement
provides for buying and renting out one parcel of real property
for 3 to 5 years and that the property of TGR II may be held in
the name of petitioner or Burnett. Under Texas law, title to
partnership property may be held in the name of the partnership
or in the name of one or more of the partners. See Tex. Rev.
Civ. Stat. Ann. art. 6132b, sec. 10 (West 1990). Partnership
property, nonetheless, belongs to the partnership and not to the
individual partners. See Littleton v. Littleton, 341 S.W.2d 484,
488 (Tex. Civ. App. 1960); In re Cooper, 128 Bankr. 632, 636
(Bankr. E.D. Tex. 1991).
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